Some like it, some hate it, but March 23rd, 2010 marked a historic event for the United States: the signing into law of the Patient Protection and Affordable Healthcare Act, a bill that will undoubtedly change the way that healthcare is administered in this country. However, as is the case with most legislation, the Act contained a number of provisions not directly related to its primary purpose. With most Americans still at a loss as to what changes were actually enacted concerning healthcare, it is only understandable that most are also completely unaware of these less salient add-on’s, even of those with the potential to effect daily life. One such provision, an amendment to the Federal Food, Drug, and Cosmetic Act, promises to significantly impact restaurant franchises and vending machine operators.
In an effort to aid consumers in their dietary choices, the amendment places new requirements on the types of nutritional information that businesses must provide and the ways in which they must present it. The amendment specifically targets food establishments that are part of a chain of twenty or more locations and people who operate twenty or more vending machines. Under the amendment, these groups must now clearly and conspicuously display the number of calories contained in all standard and some non-standard food items sold. Notably, the information must be presented in the context of the suggested caloric intake of a daily diet. The details of the amendment’s requirements are outlined below:
Items Affected by the Amendment
- Standard menu items
- Specials or temporary menu items that appear on the menu for at least 60 days out of a calendar year
- Items that are part of market testing that appear on the menu for at least 90 days out of a calendar year
- Food items sold from a vending machine that does not provide visible nutrition information at the point of purchase (such as on the food wrapper, facing outward)
Nutritional Information Required by the Amendment
- The number of calories contained in an item, to be displayed on menus and menu boards on which the item appears, on signs placed adjacent to any self-service food or beverages, and on signs in close proximity to any vending machine items
- Suggested daily caloric intake, to be clearly provided in succinct statement on all menus and menu boards
- Written nutritional information, to be available on premises and upon request, as well as a statement regarding the availability of such written information prominently displayed on all menus and menu boards
The amendment requires that the Secretary of Human Services issue regulations before its provisions can take effect; however, the Secretary is required to finish this task by March of 2011. Regardless of the regulations eventually promulgated, the amendment promises to impose significant legal obligations on franchise restaurants and vending machine operators. The parameters of these obligations will almost certainly be a topic of litigation in the years to come.
